PRIVACY POLICY

Effective Date: December 9, 2015

Phase Four, Inc., a Delaware C-Corp, together with its subsidiaries and affiliates (collectively, “Phase Four”) is committed to protecting the privacy and confidentiality of personal information entrusted to us.

What Is Personal Information?

When this Privacy Policy uses the term personal identifiable information (“PII”), we mean information that identifies a particular individual, such as the individual’s full name (first name and surname together), postal address, and email address. When certain other non-identifiable information is directly associated with PII, this other information also becomes PII for purposes of this Privacy Policy. Some jurisdictions may call personally identifiable information “personal data” or “personally identifying information”, and may include opinions about or related to a user within the definition of PII. We sometimes refer to PII in this Privacy Policy as “personal information”.

What Is the Scope of Our Privacy Policy?

This Privacy Policy is applicable to all users of the PHASE FOUR website (the “Website”), and all customers of PHASE FOUR who provide PII. This Privacy Policy addresses our policies and procedures relating to the personal information of individuals, such as our customers. This Privacy Policy is intended to assist you in understanding PHASE FOUR’s policies and procedures relating to our management of personal information and is applicable to PHASE FOUR, its successors and assigns, and any websites operated by PHASE FOUR. This Privacy Policy is applicable to PII of all users of the Website.

Minors and Parental Participation.

We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. We encourage parents to teach their children about safe internet use practices. PHASE FOUR reserves the right to: (i) restrict the use of the Website, in whole or in part, by minors; (ii) add special protections for minors.

Personal and Other Information Collected by PHASE FOUR

PHASE FOUR may collect personal information that is voluntarily provided by you when you register on the Website, order our service, enter a promotion such as a sweepstakes, answer our polls or surveys, sign up for additional services on our Website, or communicate with us by mail, telephone or electronically. The type of information we collect and maintain may include your name, mailing address, email address, telephone number, gender, date of birth, interests, purchase history, credit card number, complaints you may have about our products or services, or a record of promotions offered to you. This type of information is collected, used and disclosed in accordance with applicable law and its use is limited to the objectives for which it was collected as described in this Privacy Policy.

We may collect information through technology (such as logging IP addresses) for routine system administration purposes, to make our Website more interesting and useful to you, or to manage content delivery. For instance, we may use technology to track traffic patterns on the Website. Once you have logged into a Website, we may track your activities by using logs of database transactions and server interactions. We may use this information to understand which areas of our Websites are most appealing or least appealing or to deliver content that is specific to your country or area of residence.

PHASE FOUR may also collect information that is stored in cookies, and we may associate this information with your personal information. Cookies are small pieces of information stored on your hard drive, not on our Website. We use cookies for a number of reasons. Cookies allow you to store your password without having to constantly re-enter it. Cookies also help us to tailor messages that better match your needs and interests, and they allow us to better understand how users in general use our Website, which in turn helps us to focus our resources on features that are most popular with our users. You are always free to decline our cookies if your browser permits, but some parts of our sites may not work properly if you do.

Consent

We reserve the right to collect, use and disclose your personal information without consent where required or permitted by law.

Otherwise, personal information will be collected, used and disclosed in accordance with the form of consent required by applicable law and its use will be limited to the objectives for which it was collected as described herein. The form of your consent can vary from implied consent to express consent, depending upon the circumstances and the sensitivity of the type of information collected. We will rely on implied consent when we can reasonably conclude that you have given your consent by your action (e.g., by giving us your name and contact information so that we may contact you, send additional information or set up your account) or inaction (e.g. by not exercising an ability to opt-out that is provided to you at the time your contact information is collected). This Privacy Policy identifies the purposes for which your personal information is collected, used and disclosed. Additional consent will be obtained from you should we wish to use or disclose your personal information for any additional purpose.

Why Does PHASE FOUR Collect Personal Information?

PHASE FOUR collects personal information for reasons including, but not limited to, the following:

To provide you with the information, products or services you have requested, including processing your payment (if applicable);

To better understand you, to allow us to serve you better through enhanced services, customer service and directed PHASE FOUR promotional efforts of particular interest to you;

To properly investigate and respond to any complaints, questions or concerns you may have about our products or services;

To determine your eligibility for our products and services; and

To contact you with service-related announcements and to send you offers or advertisements that we feel you might be interested in.

If you opt in to receive offers, promotions or other information from PHASE FOUR, your information will be used to provide you with information or promotional offers for PHASE FOUR products or services that we believe may interest you, as well as to solicit your opinion on our products and services. If you have opted in to receive these offers, we may also use your personal information to ensure that your contact information is accurate and up to date.

What Kind of Personal Information Does PHASE FOUR Disclose, to Whom and Why?

PHASE FOUR may share your personal information with subsidiaries and affiliates of PHASE FOUR, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified under the heading

“Why Does PHASE FOUR Collect Personal Information?”

In addition to this inter-corporate sharing, PHASE FOUR may disclose your personal information to third parties as follows:

To Third Parties To Perform Processing and Other Specialized Services: At times, PHASE FOUR may use outside organizations to perform specialized services such as, but not limited to, subcontractors payment processing, or collection of overdue accounts. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.

To Third Parties For Legal Reasons: We advise you that we may disclose personal information to the government, legal or regulatory authorities or other entities: (i) if so ordered by a court of law; or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect the company’s rights and property; (c) to investigate reports of fraud or of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Website; or (e) in emergencies, such as when we believe someone’s physical safety is at risk. In some cases, disclosure may be required by law to be without notice to you.

To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving PHASE FOUR or any of its related entities or divisions such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to PHASE FOUR’s customer lists and various databases as part of the due diligence process. In this event, PHASE FOUR would only provide such access under terms of a confidentiality agreement. Also, upon completion of the transaction or event, your personal information would be transferred to PHASE FOUR’s successor-in-interest to be used for the purposes for which it was collected.

How Long Does PHASE FOUR Retain Personal Information?

We keep your information for a period reasonably necessary to meet the purposes for which it was collected or to comply with any legal requirements, including statutory retention periods. When your personal information is no longer required for a specific purpose or legal requirement, it will be erased from our records; provided, however, that such information may remain on PHASE FOUR’s computer servers due to redundancy and synchronization of PHASE FOUR’s computer servers.

What Security Measures Does PHASE FOUR Have in Place To Safeguard Personal Information?

PHASE FOUR has implemented physical, electronic and administrative measures to protect your information from loss or unauthorized access. For example, we use industry-standard efforts, such as passwords and firewalls to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose.

Where is my Personal Information Located?

Your personal information may be stored and processed on servers, including those of our authorized third parties, located in the United States, Canada or overseas. These servers shall always be subject to the safeguards described in this Privacy Policy to protect against unauthorized collection, use or disclosure, and you shall be able to access the personal information stored in such servers in accordance with this Privacy Policy.

Non-Personal Information

Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. When users browse our Websites, for example, we gather information about the number of users who are viewing each page so that we can learn what features are the most popular. We also use this data, both aggregated and personally identifiable, to personalize and enhance your onsite experience. We may disclose anonymous, aggregated information about our Website to third parties.

In addition, to help us better understand our markets, we may gather demographic information for analytical purposes on an anonymous, aggregate basis. This information is not kept, used or disclosed at the individual level, but may be disclosed to third parties on an anonymous, aggregate basis.

Links to Third Party Sites

On occasion, users may, through hypertext or other computer “links”, gain access to other websites on the Internet which are not operated by PHASE FOUR. PHASE FOUR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PHASE FOUR of the website linked to, or any content therein. PHASE FOUR ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE OPERATED BY PHASE FOUR AND ITS AFFILIATES, INCLUDING ANY WEBSITES WHICH MAY BE ACCESSED THROUGH A LINK ON A PHASE FOUR OPERATED WEBSITE. Unless otherwise indicated on the Website, PHASE FOUR is not sponsored by or affiliated with the linked websites, and trademarks used in connection with linked websites are not trademarks of PHASE FOUR. PHASE FOUR specifically disclaims responsibility for any inadvertent viewing by anyone under the age of eighteen, of any material intended for adults on a website accessed through use of a linked website.

How To Control How Your Personal Information is Collected, Used and Disclosed

You have control over how we collect, use and disclose your personal information. Any comments, questions or changes regarding the collection, use and disclosure of your personal information shall be directed to PHASE FOUR Customer Service Department, as described below.

You may choose not to receive email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to processing of your transactions with us are included in each such email.

A request for a copy of the personal information we keep about you, depending on the laws of your country, must be made in writing giving details with which PHASE FOUR can identify you. Information will be furnished in accordance with applicable law.

Questions, Comments or Accessing or Updating Your Personal Information:

If you have any questions or comments about PHASE FOUR’s Privacy Policy, would like to advise us how you would like your personal information not to be used or disclosed, or would like to access or update your personal information please contact our webmaster at webmaster@phasefour.io. You can also write to us at

PHASE FOUR, INC., 133 Center Street, El Segundo, CA 90245, Attn: Legal Department.

Please note that certain information is required by PHASE FOUR to process payment and fulfill any orders that you may place through the Website, and if you withdraw your consent to the collection, use or disclosure of your personal information for these purposes, then PHASE FOUR will not be able to fulfill your orders.

If, after contacting our Customer Service Representative, your concerns or questions have not been resolved to your satisfaction, you can contact PHASE FOUR Legal Department in writing via mail or email:

PHASE FOUR, INC.

Attention: Legal Department

133 Center Street

El Segundo, CA 90245

legal@phasefour.io

Acceptance of Privacy Policy

This Privacy Policy outlines the information usage practices of PHASE FOUR. By accessing, browsing or using this Website or by submitting your personal information to PHASE FOUR, you signify your agreement to the terms and conditions of this policy. If you do not agree to this policy, please do not submit your personal information to us.

We reserve the right, at our discretion, to change, modify, add or remove portions of this Policy at any time.

If at some point in the future, there is a material change to our information usage practices that affects your personal information, you will be notified of such change by a conspicuous posting on the Website and will be prompted to elect whether or not you agree to the change. Depending on the changes made, you may be unable to utilize the Website if you choose not to agree to a modification to this Privacy Policy. If any future change affects our payment processing and order fulfillment functions (if applicable), if you withhold your consent, we may not be able to continue to process payments or fulfill orders from you. Your acceptance of a revised policy, which may be communicated by clicking to indicate your consent for the continued provision of your personal information to PHASE FOUR following the effective date of any changes to this Privacy Policy shall mean that you have accepted those changes, subject to your continuing right to notify us at any time as to how you would like us to treat your personal information.

Last modified on February 6, 2017